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Know your airline rights

By Rudy Maxa, special for USATODAY.com

May 1, 2002  Question: What are my rights if my flight is canceled or delayed?

Answer: Many airline passengers think that an airline owes them something if a flight is delayed, canceled or overbooked. While airlines may try to accommodate passengers in each of those cases for public relations reasons, in fact, there are few laws or regulations guaranteeing passengers' rights.

Every airline publishes a lengthy "contract of carriage" that any passenger may request. But generally, if a flight is canceled or delayed, the airline will abide by what is called "Rule 240."

Under today's Rule 240:

• If your flight is delayed or canceled, an airline must confirm you on its next flight at no additional cost, presuming there are seats available.

• If the alternate flight isn't acceptable to you, you have the right to be confirmed on a flight on a different airline at no additional cost to you.

• If no alternate flight is acceptable to you, the airline must refund the price of your ticket, even if you're holding a "non-refundable" ticket.

Question: What are the exceptions to Rule 240?

Answer: These are the important ones:

• If your delay is due to a "force majeure event"— something out of an airline's control such as weather, acts of God, civil commotion, war, hostilities, strikes, labor-related disputes, government regulations or a shortage of labor or fuel — an airline's only responsibility is to refund the cost of your ticket. Most airlines will try to re-route you, but keep in mind they are under no obligation to do so.

• Note that two of the most common reasons for delays and cancellations—weather and labor problems—fall under that "force majeure" clause. And bad weather doesn't have to be anywhere near your airport; a snowstorm in one part of the country may cause flight cancellations nationwide.

• In such cases, don't huff and puff at an airline ticket agent-be satisfied if the airline works hard to re-route you or proffers meal coupons or even overnight lodging. Contrary to what many passengers think, an airline is NOT required by the Department of Transportation to do any of those things.

• Most major airlines only have to provide hotel lodging if your flight is diverted to an unscheduled point and the delay is expected to exceed four hours between 10 p.m. and 6 a.m. And then only if you're not in your hometown or your flight hasn't been diverted to a nearby airport—such as Baltimore-Washington International instead of Washington, D.C.'s Reagan National or Chicago's O'Hare instead of Milwaukee.

• Each airline's rules differ slightly. For example, Delta allows passengers a free, three-minute phone call within the continental U.S. if you're delayed two hours or more due to a flight delay or cancellation. Check with each airline to learn specific rules.

Question: What are my rights if an airline bumps me from a flight?

Answer: Airlines often sell too many tickets for a flight because they know some passengers will not show up to claim their seats. If too many passengers turn up at the gate, an airline will ask for volunteers to take a later flight and, almost always, offer cash or vouchers for free, future travel as an inducement to encourage volunteers.

Here's what you should know about that:

• Generally, if you volunteer, the airline must offer you a guaranteed seat on the next flight to your destination.

• If that flight is not acceptable to you, you may request a flight on another airline at no additional cost to you.

• If another airline's flight will arrive at your stopover or destination earlier than the alternate flight offered by the airline that bumps you, you have a right to be confirmed on that flight at no additional cost —regardless of the class of service available.

• If not enough volunteers relinquish their seats, each airline has a pecking order to determine who enjoys priority seating. Generally, those guidelines are supposed to be available for a passenger's review at every gate but often are not.

• While each airline has different rules, usually passengers who may suffer a "severe hardship" if bumped, are boarded first. A pressing business or social engagement does not constitute "severe hardship"; a physical disability does.

• Fare-paying first- and business-class passengers are boarded, followed by members of the airline's frequent flyer "elite" levels, followed by coach passengers with assigned seats.

• At the bottom of the list, and therefore most likely to get bumped, are passengers without assigned seats or passengers flying on award ("non-revenue") tickets.

• If you're bumped involuntarily, the airline must confirm a seat on its-or a rival's-next flight out, in any class of service at no cost to you.

• If that alternate flight gets you to your destination between one and two hours later than your originally scheduled arrival, you're generally entitled to a ticket refund of between $37.50 and $200.

• If that alternate flight gets you to your destination more than two hours late, the refund is doubled, to a minimum of $75 and a maximum of $400. You should receive your compensation immediately, and accepting it means you can't hold the airline liable for further damages.

• If you were not at the gate ready to board 15 minutes before departure time, you will not receive compensation if you're bumped.

Question: What are my rights if I arrive late for a flight?

Answer:

• Airlines differ on their rules for canceling a pre-assigned seat or reservation. Continental, for example, may cancel your seat assignment if you haven't checked in at the gate 20 minutes before departure. Your reservation is subject to cancellation if you haven't checked in 10 minutes before departure.

• American, on the other hand, will cancel your reservation if you're not at the departure gate ready to board 15 minutes before a flight's departure time or if you're not in your seat 10 minutes before departure time.

• If your late arrival causes you to miss your flight and, as a result, any connecting flights, an airline may try to re-work your itinerary. But it is not required to do so. Most airlines say their only obligation is to refund the cost of your ticket minus any cancellation fees. No refund may be given for a non-refundable ticket, though you may apply its value to a future ticket on the same airline, minus any change fee.

Question: What happens if the plane is stuck on the runway and I want to get off?

Answer: If you're on the runway and suddenly decide you want to get off the plane for no obvious medical reason, the airline has no obligation to accommodate you. By the same token, if you create a scene over the subject, the pilot may return the plane to the gate, but may also ask the police to meet you as you deplane.

Question: What are my rights if my luggage is lost?

Answer: Domestically, an airline is liable for up to $2,500 for every piece of checked luggage lost. Internationally, the ceiling is only about $635 per bag.

You should know the following:

• Cash, jewelry and other very valuable items are not the responsibility of the airline, even if they're in checked luggage that gets lost.

• That $2,500 is an airline's maximum liability, not an automatic one. You're required to prove the value of your bag and its contents by providing receipts for each item. (If you're not keeping a file of receipts for everything you purchase, that little fact should convince you to begin doing so!)

• The value of most items will be depreciated depending on their age.

• If your bag and its contents are worth more than $2,500, you may buy extra insurance at check-in. The rate is $2 for every extra $100 in coverage up to a maximum of $5,000.

• If your luggage is simply delayed (as opposed to "lost"), an airline is usually responsible for delivering it to your home, hotel or place of business when it is recovered.

• But if you check in late, you will be responsible for returning to the airport to retrieve any checked luggage that is delayed. Unfortunately, not all airlines' published rules are clear about what constitutes a "late" check-in for luggage purposes.

• If you do check in on time and your baggage is delayed, an airline should pay for "interim expenses," which are negotiable. If you have a tuxedo in your checked luggage that you need because you play first violin in a symphony orchestra, I would argue that the airline should buy you an immediate replacement. Not all airlines would agree.

Question: What happens if one of my items is confiscated as I go through security?

Answer: If an item from your carry-on luggage is confiscated at a security checkpoint, you must send it via checked luggage if you want to keep it. Otherwise, it will be discarded.

Rudy Maxa is a consumer travel expert on public radio and television and is publisher of a monthly travel newsletter at www.rudymaxa.com.